Types of Child Custody Arrangements

The term "child custody" refers to the relationship between a child and their parents or guardians, usually in circumstances surrounding divorce or legal separation. Custody arrangements are very important because they involve major changes to the family structure that will impact the child.  Custody arrangements include determinations of the duties of each individual parent, as well as their rights in visitation.

The child is the focus of the agreement in all custody hearings, and the court will render a decision based according to the "best interests of the child" standard. Recently the term "parenting schedule" has been used instead of the terms "child custody" and "visitation". There are many different types of child custody arrangements.

The "Best Interests of the Child" Standard

Courts will consider various factors in determining the best interests of a child in a custody dispute. This is done on a case-by-case basis, as each child is unique and is surrounded by different circumstances in every case. Some of the factors that courts analyze in order to make custody determinations are listed below.

Factors regarding the child:

Factors regarding the parent:

These lists are not exhaustive, and courts can consider other factors as they arise. Also, a judge will typically assign more weight to some of the factors than others. For example, a few of the more important factors listed here are the child's previous relations to each parents, and the ability of each parent to provide emotional support for the child.  

Legal vs. Physical Custody

There are two main aspects when it comes to child custody: legal custody and physical custody.

Legal custody involves a parent's right to make decisions involving the child's upbringing. Some of the decisions may involve the child's education, health care, religious affiliation, and methods of discipline.

Physical custody on the other hand involves the parent's right to provide living arrangements with the child. In this case the parent with physical custody has the responsibility of providing basic needs such as food and clothing while the child is living with them.

Child custody arrangements aim at providing an ideal distribution of legal and physical custodial responsibilities between the parents and/or guardians. Some of the main types of actual custody arrangements are known as:

Sole Custody

Sole custody is an arrangement wherein one parent has both legal and physical custody of the child. In this type of arrangement the parent with sole custody is fully responsible for providing food, clothing, and shelter, as well as making all decisions for the child's upbringing. The parent with the custodial rights is called the "custodial parent", and the other parent is called the "non-custodial parent".

This arrangement has been the traditional form of child custody. In many cases the custodial parent is the mother, who is usually more associated with the role of child-rearing. Sole custody is typically granted in situations involving an unfit parent.

A sole custody arrangement may or may not involve visitation rights for the non-custodial parent. For example, the non-custodial parent may be allowed to visit with the child on certain weekends during the month. In more complex situations, such as those involving abuse, the non-custodial parent might not be granted visitation rights at all.

Finally, in sole custody arrangements the courts may order the non-custodial parent to pay child support to the custodial parent.

Joint Custody

Joint custody is granted when it has been determined that it is in the child's best interest to have both parents share legal and physical custody. Since there are so many factors involved with both the child and the parents, joint custody can take on many forms, especially in dealing with living arrangements. For example, many joint custody arrangements involve the child living with a different parent on alternating weeks.

Joint custody has been assigned more and more by courts, especially in the recent decades. This shift reflects the changes facing modern families, such as long work commutes and different work locations of each parent. Some critics feel that a joint custody arrangement can cause confusion in upbringing, especially for younger children.  However, many judges prefer to issue a joint custody ruling, as they feel that it gives the child an opportunity to be involved with each parent as compared to sole custody arrangements.

***Also note that the court might order joint legal custody for the child, while at the same time issuing sole physical custody to one parent. In such an arrangement, both parents have an equal say in making legal decisions for the child, but only one parent is responsible for the physical upbringing of the child. This might happen if one parent is more financially stable than the other. Again, child custody arrangements are subject to a combination of legal and physical custody aspects.

Split Custody

Split custody refers the situation where multiple children are involved. In split custody, each parent assumes custody of different siblings. In a divorce situation, the presence of siblings can help a child adjust to the parent's divorce or separation, and separating the siblings can often be hard for the child. Therefore courts are often reluctant to assign split custody, since they do not like to separate siblings. The judge must also consider the allocation of rights regarding step-siblings and half-blood siblings in split custody arrangements.

Non-Parental Custody

Non-parental custody is issued when a person who is not the child's parent assumes legal responsibility for the child. This most often happens in circumstances involving an unfit parent or if the parents of the child are deceased. In many instances the non-parental custodian will be a relative of the child such as a grandparent or an uncle or aunt of the child. Also, if the child has already been living with a relative for an extended period of time, the court might grant the relative custody.

In a divorce setting, most courts will usually grant custody to a parent of the child before considering non-parental custody. The laws of many states include what is called the "parental preference" rule, which grants custody immediately to a parent, unless they are deemed unfit. In such jurisdictions, a non-parent seeking custody of the child has the burden of proving that they should be granted custody of the child over a parent.  

Subsequent Modifications of Child Custody Arrangements

Even after they have been issued, child custody arrangements are frequently changed by approval of the court and the custodians of the child. This will occur if the child's custodian becomes incapacitated or becomes unfit to rear the child. Oftentimes it is the case that a major change to the custodian's lifestyle requires a change in the custody arrangement.

For example, if the parent loses their job or obtains a new one, this could have consequences for the non-custodial parent's visiting rights. The court would then alter the custody arrangement to reflect the new changes. In other instances, the needs of the children will require a new custody arrangement. Again, courts will consider the best interest of the child in making adjustments or changes to a custody arrangement.

Points to Consider

If you are involved in a child custody dispute, it is important that you obtain a lawyer. To recap, here are some points to consider when speaking with your attorney: